IN THE MATTER OF THE ADOPTION OF NICOLE
Motion No: CAF 09-00398
Slip Opinion No: 2009 NY Slip Op 76990(U)
Decided on June 29, 2009
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


June 29, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

APPELLATE DIVISION DOCKET NO. CAF 09-00398
DOCKET NO. A 9926-08

IN THE MATTER OF THE ADOPTION OF NICOLE



JOSHUA A.A., AND MICHELLE J.A., PETITIONERS-RESPONDENTS,

V

STEPHEN H.J., RESPONDENT-APPELLANT.


Petitioners-respondents having moved to dismiss the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on December 16, 2008, on the ground that respondent-appellant has failed to perfect the appeal timely,

Now, upon reading and filing the affirmation of Gary Muldoon, Esq., dated

June 12, 2009, the notice of motion with proof of service thereof, the affirmation of AnneMarie Dils, Esq., dated June 23, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed.

Entered: June 29, 2009

PATRICIA L. MORGAN, Clerk